Dismissed

Kunithala Kadeeja v. M/S. State Bank of India

Kerala HC20 Feb 2023WP(C)/11/2023

Case brief

AI extract

What is this about?

The petitioner claimed inability to comply with a previous direction to pay Rs.3 lakhs. The High Court dismissed the writ petition without prejudice to the petitioner's right to contest the amounts claimed by the Bank in the recovery proceedings.

What did the court decide?

The writ petition is dismissed without prejudice to the right of the petitioner to contest the amounts claimed by the Bank.

Kunithala Kadeeja Vs M/S. State Bank of India — Banking and Recovery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

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WP(C) NO. 11 OF 2023

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AGAINST THE ORDER/JUDGMENTCMP 406/2022 OF CHIEF JUDICIAL

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MAGISTRATE , KALEPETTA

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PETITIONER:

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KUNITHALA KADEEJA AGED 75 YEARS W/O. KUNHAMMU, KILIYANARY HOUSE, AYANIKKAD POST, IRINGAL, KOZHIKODE, PIN – 673 521

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BY ADVS. MATHEW KURIAKOSE K.R.ARUN T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI GEORGE

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RESPONDENTS:

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1 M/S. STATE BANK OF INDIA (ERSTWHILE STATE BANK OF TRAVANCORE) KALPETTA BRANCH, KALPETTA, WAYANAD DISTRICT, PIN - 673 121 REPRESENTED BY ITS BRANCH MANAGER

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2 THE AUTHORIZED OFFICER (CHIEF MANAGER) M/S. STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT BRANCH, ERNAKULAM, 1ST FLOOR, R.S. BUILDING, OPP. MAHARAJA COLLEGE GROUND, M.G. ROAD, ERNAKULAM, ERNAKULAM DISTRICT, PIN – 682 011

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BY ADV SHRI.JITHESH MENON, SC, SBI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11 OF 2023

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T.R.RAVI, J.

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 WP (C) No.11 of 2023

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 Dated this the 20thday of February, 2023

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JUDGMENT

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When the case is taken up today, it is submitted by the

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counsel for the petitioner that the direction in the order
issued on 06.01.2023 to pay Rs.3 lakhs could not be complied
with. No further orders can be issued in this writ petition.

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The writ petition is hence dismissed without prejudice
to the right of the petitioner to contest the amounts claimed
by the Bank.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO. 11 OF 2023

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APPENDIX OF WP(C) 11/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER DATED 25.02.2022 IN C.M.P. NO. 406/2022 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA, WAYANAD Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF KUNHI MOIDEEN, THE SON OF THE PETITIONER, ISSUED FROM KMCT HEART INSTITUTE, A DIVISION OF KMCT MEDICAL COLLEGE HOSPITAL, KOZHIKODE Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 21.01.2022 ISSUED BY THE 1ST RESPONDENT TO M/S. FRONTLINE PHARMA, THE PROPRIETARY CONCERN OF KUNHI MOIDEEN, THE SON OF THE PETITIONER

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Kunithala Kadeeja v. M/S. State Bank of India

Case brief

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What did the court decide?

Kunithala Kadeeja v. M/S. State Bank of India

Case brief

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What did the court decide?

What the court decided

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